GULF OIL APPLICATION/SOLICITATION TABLE Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases 12% - 36% The APR varies by state; please see your state specific rate information. How to Avoid Paying Interest on Purchases Your due date is at least 21 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your new balance by the due date each month. Minimum Interest Charge If you are charged interest, the charge will be no less than $0.00 to $0.50. The amount of the fee varies by state; please see your state specific interest charge information. For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore. Fees Penalty Fees Returned Payment $0.00 to $10.00. This fee will be charged for any payment item that is returned to us unpaid for any reason. This fee will vary by state; please see your state specific fee information. How We Will Calculate Your Balance: We use a method called Average Daily Balance (including new purchases). See your Retail Installment Credit Agreement for more details. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Retail Installment Credit Agreement. GULF OIL RETAIL INSTALLMENT CREDIT AGREEMENT READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS This Agreement explains the terms that govern the use of the Gulf Charge Account ( Account ). In this Agreement, "we," "us," and our refer to Gulf Oil Limited Partnership ("Gulf'), a wholesaler of refined petroleum products headquartered at 80 William Street, Wellesley, MA 02481 and its successors and assigns. You and your refer to anyone who is liable for payment on this Account, including any person who signs this Agreement, is issued a Gulf credit card ( Card ), or is authorized to use the Account. 1. Acceptance of the Terms of this Agreement. You will be bound by the terms of this Agreement when you apply for and receive, sign, or use, or permit another to use, any Card issued to you or your Account number. You must sign each Card issued to you
before you use it. If you do not wish to be bound by the terms and conditions of this Agreement, do not use the Card or authorize another person to use it. Instead, cut all of the Cards in two and return them to us by mail at the address below in the notice of your Billing Rights. 2. Authorized Use of Your Card by Others. You may designate one additional individual ( Additional User ) to your Account by contacting us at 1-800-445-8211 and providing us with such designation. We may ask for information about the Additional User. Unless you tell us otherwise, an Additional User may assist in administration of your Account. Credit information regarding your Account, including payment history on the Account, may be reported to consumer reporting agencies in the name of the Additional User. If you permit any person to have access to your Card or Account number with the authorization to make a charge, or if you request us to issue a Card on your Account to an Additional User, you will be liable for all charges made by that person, including charges you may not have intended that person to make. You will be liable until you both: (a) request that we cancel the Card that we issued to that person; and (b) return that Card to us by mail at the address below in the notice of your Billing Rights. 3. Promise to Pay. We will provide a Monthly Statement at approximately monthly intervals if there has been purchase activity or there is a balance (credit or debit) exceeding $1, unless we deem your Account uncollectible. When you use your Account or permit someone else to do so, you agree to pay for all purchases ( Purchases ) charged to your Account, including charges for fuel, merchandise, services, and other permissible items at Gulf stations or other retailers that accept the Cards, including all related interest ( Interest Charge ) and other fees, according to the terms of this Agreement. You agree to make payments to us on or before the monthly due date established for your Account ( Payment Due Date ). 4. Cost of Credit. Periodic rate Interest Charges will accrue daily on Purchases from the date that the transaction was posted until the date each Purchase is completely repaid according to the payment allocation method then in effect. An Interest Charge not in excess of that permitted by law will be computed on the outstanding balance from month to month at the rate permitted in your state of residence as shown below. There is no Interest Charge in any monthly billing period (a) in which there is a credit balance or no balance at the beginning of the billing period (the "Previous Balance" shown on your monthly statement) or (b) in which payments received and credits issued by the monthly statement s Payment Due Date, equal or exceed the balance at the beginning of that billing period. Additionally, we will credit any payment that you make by the Payment Due Date for the current billing cycle as of the first day of the billing cycle. If you have not paid in full the amount of the Previous Balance shown on your monthly statement by the Payment Due Date shown on that statement, we will impose an Interest Charge as follows: State State Code APR Periodic Rate West Virginia WV 12% 1.00 Minnesota*, Pennsylvania MN*, PA 15% 1.25
Arkansas AR 17% 1.42 Alaska, California, Connecticut, Florida, Hawaii; Kansas, Louisiana, Maine*, Massachusetts*, Michigan, North Carolina; North Dakota; Rhode Island, South Carolina, Texas, Washington, Wisconsin AK, CA, CT, FL, HI, KS, LA, ME*, MA*, MI, NC, ND, RI, SC, TX, WA, WI 18% 1.50 Iowa, Missouri IA, MO 19.8% 1.65 Alabama, Arizona, Colorado, Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Mississippi*, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico*, New York, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Vermont, Virginia, Wyoming AL, AZ, CO, DE, GA, ID, IL, IN, KY, MS*, NE, NV, NH, NJ, NM*, NY, OK, OR, SD, TN, UT, VA, VT, WY 21% 1.75 District of Columbia, Maryland DC, MD 24% 2.00 Ohio MI, OH 25% 2.08 Montana* MT* 36% 3.00 *Refer to Section 6. 5. Minimum Interest Charge. A minimum Interest charge of $.50 will be imposed each month in which the Interest Charge resulting from application of the above-stated Daily Periodic Rate would be less than $.50, except there is no minimum Interest Charge in AR, CT, DC, HI, MD, NE, NC, ND, and RI. 6. Method of Computing Interest Charge. We calculate the Interest Charge on your Account by applying the Daily Periodic Rate for your state as shown in the chart above in the Cost of Credit section of this Agreement to the "Average Daily Balance" of your Account (including new purchase(s)), except in the states listed below in this section of the Agreement. To get the "Average Daily Balance" we take the beginning balance of your Account each day, add any new purchases (except that we do not add in any new purchases in ME, MA, MN, MS, MT and NM, and mail order merchandise Installments are excluded in all states), and subtract any payments and credits, any unpaid Interest Charges, insurance premiums, fees for credit card registration service, returned check
charges, and Auto/Travel Club dues. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "Average Daily Balance." 7. Minimum Monthly Payment. Purchases on a single invoice which total $50 or more are eligible for revolving credit. Purchases on a single invoice which total less than $50 are not eligible for revolving credit. The amount shown on your monthly statement as the "Minimum Payment Due" must be paid each month. The Minimum Payment Due is calculated by adding the Revolving Installment Due, as determined by the Repayment Schedule below, current purchases not eligible for revolving credit, Auto/Travel Club dues, fees or credit card registration service, insurance premiums, mail order merchandise installments, amounts past due, Interest Charges and charges for returned checks. We may also include in your Minimum Payment any part of the New Balance in excess of your Credit Limit. REPAYMENT SCHEDULE: Revolving Charge Balance: Minimum Amount Due: $0-$20.00 Full Amount $20.01-$500.00 10% or $20, whichever is greater Over $500.00 $50.00 plus amount in excess of $500.00 8. Making Payments. Your Payment Due Date will be at least 21 days after the Closing Date shown on your Monthly Statement. We may allocate the amount of your Minimum Payment in the manner we determine. The Minimum Payment Due will never be more than the New Balance. You may pay any amount up to the entire New Balance at any time. If you pay more than the Minimum Payment Due, we will apply the excess payment amount to reduce your total outstanding balance and you will continue to be obligated to make any Minimum Payment Due in succeeding billing cycles. If you want to request a change to your Payment Due Date, call us at 1-800-445-8211 or write to us at Gulf Oil, PO box 15410, Amarillo, TX 79105-5410. Changes to your Payment Due Date may take more than a single billing cycle to become effective. If you overpay, or if a credit balance is otherwise created in your Account, we will not pay interest on such amounts. Mail your payment made in U.S. dollars, accompanied by the payment remittance stub, using the envelope enclosed with your Monthly Statement or to the payment address provided, and following all other instructions on your Monthly Statement. If your check is processed by us non-electronically and is returned to us for insufficient funds or dishonored for any reason, we may re-present the returned check electronically. We can refuse to accept payments not denominated in U.S. dollars or not drawn on a domestic
office of a U.S. bank. We will charge a Returned Payment Fee, as described in the Returned Check Fee section of this Agreement. The crediting of payments sent to any location other than the payment address or received in any other manner may be delayed. Except for address changes submitted on the Monthly Statement payment remittance stub, do not send correspondence of any type to the payment address. If you send a payment to us for less than the full balance marked with the words Paid in Full or similar language, we may refuse to accept such payments or we may accept the payment without losing any of our rights. Any of these payments must be mailed to the address for billing inquiries shown on your periodic statement. If you post-date a check for payment, we may process the check immediately upon receipt or return it unpaid, at our election, without in either case waiting until the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 9. Authorization to Convert Your Check. If you send us a check to make your payment, you authorize us either to use information from your check to make a one-time electronic funds transfer from your financial institution or to process the payment as a check transaction. Electronic Fund Transfer or EFT is the term used to refer to the process by which we electronically instruct your financial institution to transfer funds from your financial institution for the same amount as the check. When we use information from your check to make an EFT, funds may be withdrawn from your financial institution as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If your payment is returned unpaid, you authorize us to make a one-time EFT from your account at a financial institution, the fee for which is described in the Returned Check Fee section of this Agreement. We retain an image of your electronically processed check to the extent required by applicable law. If the EFT cannot be processed for technical reasons, you authorize us to process the copy of your check. If you have questions about this or other payment options, please call our Customer Service Center at 1-800-445-8211. 10. Returned Check Fee. If any check sent to us in a partial or full payment on your Account is returned to us unpaid by your bank, we may charge you a reasonable processing fee of $10.00 to cover costs we may incur for processing returned payments, or such lesser amount as may be authorized by law, and you agree that we may add such fee to the balance of your Account. This fee is not imposed if you live in AK, DE, ME, MD, MA, NE, NJ, OH, OR, PA, and WA. 11. Other Fees or Charges. We do not charge an annual fee. We may charge fees for certain services requested by you in connection with your Account, such as for the handling of requests for documentary information, expedited handling or other maintenance on your Account. These fees include, but are not limited to Statement Reprint Fees or Invoice Copy Fees, Overnight Mailing Fees, or Additional Card Fees. We will not charge an Invoice Copy Fee in connection with a bona fide billing dispute. The amount of any fees will be disclosed to you when you request the service. You agree that we may add fees for requested services to the balance of your Account. We may elect to waive any fees at our sole discretion. 12. Default/Collections Costs. Subject to applicable law, you will be in default under this Agreement if you fail to pay any Minimum Payment Due, and, subject to any right you may
have under state law to receive notice of your default and to cure such default, we may declare the entire unpaid balance in the Account due and payable to the extent permitted by law. If the Account is referred to an attorney who is not our salaried employee and we prevail in a suit against you to collect the amount you owe, in addition to the full amount owed and any allowable court costs, you agree to pay, subject to limitations in this Section of the Agreement and as may be permitted by applicable law, our reasonable attorney's fees of 20% of the total amount due (except that in the following jurisdictions our reasonable attorney s fees are limited as follows: 15% of the outstanding balance in GA, 10% of any amount due above $500 in NJ, and 15% of any amount due in KS, MO and SC, or such lesser amounts as may be permitted by applicable law). No attorney's fees will be imposed in AL (when the unpaid balance is under $300), DC, la, KS, ME, NE, OH and WI, or in any state or in any amount, not permitted by applicable law. In certain states, including MD and PA, the court will determine the attorney fees we are entitled to collect from you. If you live in CA, CT, DE, NC, NH, NY or PA we will pay your reasonable attorney's fees if you prevail in a suit we bring against you. 13. Cancelling or Limiting Your Credit. We have the right at any time to limit or terminate the use of your Account without giving you notice in advance, except as prohibited by law. All Cards remain our property and, upon request, you agree to return any Card issued to you. We may establish a Credit Limit for your Account and it may be disclosed on the Card mailer and on each Monthly Statement. The total amount of credit outstanding at any time must not be more than your Credit Limit. If we accept a payment for an amount in excess of your New Balance, your Credit Limit may not be increased by the amount of such overpayment. We may not authorize transactions for an amount in excess of your Credit Limit. We may change your Credit Limit from time to time. You may request a change in your Credit Limit by calling or writing us. We may, at our election: (1) honor the request (2) honor the request and treat any amounts in excess of the Credit Limit as immediately due, or (3) refuse to honor the request. If we have previously honored requests for credit in excess of your Credit Limit, that does not mean that we will honor further over-limit requests. Your available credit may not be increased by a payment amount until the payment has cleared. 14. Our Right to Require Immediate Payment. Subject to applicable law, we may require immediate payment of all amounts you owe to us without notice or demand if: (a) you fail to pay any amount owed under this Agreement exactly when due, (b) you fail to abide by any other term of this Agreement; (c) you default on any other credit obligation you have with us; or (d) your ability to pay us is materially impaired (including, without limitation, if you file or have filed against you as a debtor a proceeding under any chapter of the Bankruptcy Code; or (e) you die or become legally incompetent. If you live in Wisconsin and do not pay on time on two occasions within any 12-month period, we can declare the entire due and payable after we have given you proper written notice and you have failed to cure the default within fifteen (15) days notice; however, a right to cure does not exist if two defaults have been cured within the preceding twelve (12) months. 15. Changes to the Agreement. To the extent permitted by law, we may change any term of this Agreement, including the rate of interest charged, by furnishing you notice of the change in the manner prescribed by law. To the extent permitted by applicable law, any new terms may at our option be applied to any balance existing in the Account at the time of the change, as well as to any subsequent transaction. If you do not agree to the change or elect to use the Account after the effective date of such change, you may terminate this Agreement with us, or you may end it for any other reason, but if you do, you agree to pay the total balance due under the current terms of your Account.
16. Credit Investigation and Reporting. You authorize us to investigate your credit history by obtaining credit reports and by making direct inquiries of businesses where you have accounts and where you work. You also in connection with your application, and for account updates, renewals, extensions of credit and collection activity, authorize us to report your performance under this Agreement. As a result, we may report information about your Account to credit bureaus and others who may properly receive such information. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 17. Certain Limitations on Use of Your Card. You must not use your Card for any unlawful purpose or in any illegal transaction. 18. Call Recording and Monitoring. You consent to and authorize us, any of our affiliates, and our marketing associates to monitor and/or record (unless prohibited by law) any of your telephone conversations with our representatives or the representatives of such companies. 19. Information Gathering and Sharing. Please refer to the Gulf Oil Customer Privacy Statement for our policies on collecting, using, securing, and sharing nonpublic personal information. Additional copies of our Customer Privacy Statement are available by calling us toll-free at 1-800-445-8211. 20. Use of Your Contact Information. Where you have provided us with the means to contact you, such as an email address or a telephone number (cell or landline), or have placed a telephone call to us, you agree to accept communications from us, including but not limited to marketing communications, using the contact information you provided or we have collected (except to the extent you have opted out, as described in our Privacy Statement). For any telephone calls or text messages we place to you, you understand and agree that those calls or messages may be automatically dialed and/or use recorded messages. 21. Assignment. You agree that we may at any time assign your Account, any sums due on your Account, this Agreement, or any of our rights or obligations under this Agreement to another person or entity without your consent or notice to you. The person or entity to whom we make any such assignment shall be entitled to all of our rights under this Agreement, to the extent assigned. You may not assign your rights under this Agreement. 22. Changes of Address and Governing Law. You agree to notify us promptly in writing if you move. Until we receive written notice of your new address, we will continue to send monthly statements and other notices to the address you gave us on the application for this Account. You understand that the law of your state of residence when this Account was opened will govern this Agreement, unless we receive written notice that you have moved to another state, in which case the terms applicable to your new state of residence will apply to your account balance after we receive written notice of your new address. 23. Severability; No Waivers. If any part of this Agreement is found to be invalid, the rest remains effective. Any failure or delay by us in exercising any of our rights or remedies under this Agreement or under applicable law does not mean that we will not be permitted to exercise those rights or remedies later. We may accept late payments or partial payments without losing any of our rights or remedies under this Agreement.
24. Lost or Stolen Cards. If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should notify us immediately by calling us at 1-800- 445-8211 or writing to us at Gulf Oil, PO Box 15410, Amarillo, TX 79105-5410. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50, unless your Account is designated as a commercial account and liability for unauthorized use in excess of $50 is permitted under applicable law. You agree to give us your full cooperation in our efforts to recover stolen Cards and amounts due from unauthorized users and in prosecuting unauthorized users. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: Gulf Oil, PO Box 15410, Amarillo, TX 79105-5410. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Gulf Oil, PO Box 15410, Amarillo, TX 79105-5410. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. State Law Retail Installment Disclosures
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. 2. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT AND AN EXACT COPY OF THE PAPER YOU SIGN. 3. YOU MAY AT ANY TIME PAY THE TOTAL BALANCE OUTSTANDING UNDER THIS AGREEMENT. 4. KEEP THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. Notice to Maryland Residents. You may pay at any time the entire balance without incurring any additional charge for prepayment. Under Maryland law Section 12-510 you have the right to receive an answer to a written inquiry from you concerning the status of your account. Finance charges will be made in amounts or at rates not in excess of those permitted by law. Notice to Texas Residents. To contact Gulf Oil about this account call 1-800-445-8211. This contract is subject in whole or in part to Texas law which is enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, TX 78705-4207; 1-800-538-1579; www.occc.state.tx.us; and can be contacted relative to any inquiries or complaints. Buyer Signature Seller Signature Date of Agreement GRICA 2016 1101 v1